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HomeMy WebLinkAbout92-090 - Vacating Portions of Pine Street, Garnsey Street, and Parton Street605 RESOLUTION NO. 92-090 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING PORTIONS OF PINE STREET, GARNSEY STREET, AND PARTON STREET NEAR SANTA ANA HIGH SCHOOL WHEREAS, this Council heretofore adopted on September 21, 1992, Resolution No. 92-084, wherein it declared its intention to vacate, pursuant to and in accordance with the provisions of Chapter 3 of Part 3 of Division 9 of the Streets and Highways Code of the State of California, portions of Pine Street, Garnsey Street and Parton Street near Santa Aha High School; WHEREAS, said Resolution gave notice that on October 19, 1992, at 6:00 p.m., or as soon thereafter as the matter could be heard, in the Council Chambers of the city of Santa Ana, 20 civic Center Plaza, Santa Ana, California, this Council would hear any and all persons interested in or objecting to said proposed vacation of the said streets; and WHEREAS, this Council finds that said Resolution has been published in the manner prescribed by law for the publishing of ordinances of the City; and WHEREAS, this Council further finds that notices of said proposed street vacations stating the purposes of said Resolution and the time and place set for hearing were posted as directed by the Council and required by law; and WHEREAS, this Council at the time and place set for hearing heard any and all persons interested in or objecting to said proposed vacation of said streets and received and considered all evidence submitted; WHEREAS, this Council finds from all the evidence submitted that the said streets are unnecessary for present or prospective public use, based upon the following findings of fact: 1. Said streets are not necessary to provide access to abutting property owners. 2. Said streets are not necessary or convenient for servicing the flow of traffic. WHEREAS, pursuant to the provisions of § 2381 of the Streets and Highway Code of the State of California, the City Council does hereby find and determine that neither said streets nor any part thereof, are useful as nonmotorized transportation facilities, as defined in § 156 of said Code; 6O7 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: 1. This Council does hereby order that those portions of Pine Street, Garnsey Street and Parton Street more specifically described in "Exhibit A" attached hereto and made a part hereof by this reference, be, and the same are, hereby vacated, reserving and excepting from the vacation, except as ~otherwise provided in section 2 hereinbelcw, the easement and right at any time, or from time to time, to construct, maintain, operate, replace, remove, and renew sanitary sewers and storm drains and appurtenant structures in, upon, over, and across said vacated streets and, pursuant to any existing franchise or renewals thereof, or otherwise, to construct, maintain, operate, replace, remove, renew, and enlarge lines of pipe, conduits, cables, wires, poles, and other convenient structures, equipment, and fixtures for the operation of gas pipelines, telegraphic and telephone lines, railroad lines, and for the transportation or distribution of electric energy, petroleum and its products, ammonia, and water, and for incidental purposes, including access to protect such works from all hazards in, upon, and over said vacated streets. 2, The reservation of the public service easement specified in section 1 hereinabove shall not apply to the following areas: That portion of Pine Street located to the east of a line parallel to and 130 feet east of the east right-of-way line of Flower Street, and to the west of the west right- of-way line of Parton Street (excluding any area dedicated to the City pursuant to item 1 of subsection (a) of section 3 of this Resolution). That portion of Garnsey Street north of a line parallel to and 465 feet north of the north right-of-way line of Myrtle Street (excluding any area dedicated to the City pursuant to item 1 of subsection (a) of section 3 of this Resolution). If and to the extent there are in-place public utility easements that are in use in the abovesaid portions of Pine Street and Garnsey Street, the City Council finds and determines that the public convenience and necessity require that those public utility facilities be removed from the said street areas. 3. The Clerk of the Council is hereby directed to cause a certified copy hereof, attested by her under seal, to be recorded in the office of the Recorder of Orange County at such time as the Executive Director of the Public Works Agency provides the Clerk of the Council with written notification that the following conditions have been satisfied: (a) The Santa Ana Unified School District shall have 2 6O9 dedicated the following in accordance with plans approved by the city's Public Works Agency: 1. Cul-de-sacs for Pine and Garnsey Streets. An easement for storm drain purposes between the Pine Street cul-de-sac and the Garnsey Street cul-de-sac. An easement for public utility purposes between the Garnsey street cul-de-sac and the public service easement retained in Parton Street. (b) The Santa Ana Unified School District shall have completed the following street improvements and public utility improvements in accordance with plans approved by the city's Public Works Agency: 1. On Myrtle Street, construct a new driveway entrance at Parton Street 2. On Garnsey Street, north of Myrtle Street: (a) Construct the cul-de-sac; (b) Construct paving, sidewalk and driveway; (c) Install "No Stopping Anytime" sign. 3. On Pine Street, east of Flower Street: (a) Construct the cul-de-sac; (b) Construct paving, sidewalk and driveway; (c) Install "No Stopping Anytime" signs; (d) Furnish ornamental street lighting with underground service. 4. On the east side of Flower Street, between Pine and Walnut Streets: (a) Remove and replace street pavement from street centerline to curb; (b) Close existing driveways with curb and full width sidewalk. (c) Remove and replace broken sidewalk. (d) Furnish ornamental Street lighting with underground service. 3 611 (e) Construct street tree wells and plant street trees. (f) Install "No Stopping Anytime" signs. (g) Install street paving per approved channelization plan. 5. On Walnut Street east of Flower Street: (a) Close existing driveways with curb and full width sidewalk. (b) Remove and replace broken sidewalk. (c) Construct two driveways. (d) Furnish ornamental street lighting with underground service. (e) Construct street tree wells and plant street trees. (f) Install "No Stopping Anytime" signs. Complete construction of a new 8-inch water main and appurtenances in the new public utility easement between Garnsey and Parton Streets. Complete construction of new sanitary sewer manholes and main abandonments in the Pine and Garnsey Street cul-de- sacs. 4. The abovesaid streets shall not be deemed vacated until this resolution is recorded. Closure of the abovesaid streets to vehicular traffic, as appropriate to allow for the construction of the abovesaid public improvements prior to recordation of this resolution, is hereby approved pursuant to section 21101 of the California Vehicle Code. 4 613 ADOPTED this 19th day of ATTEST: COUNCILMEMBERS: Young Yes Pulido ~ Acosta 2~as_ Griset ~ McGuigan Yes Norton ~nt Richardson ~ Qc. tobo_r , 1992_. Mayor ~ APPROVED AS TO FORM: City Attorney CERTIFICATE OF ORIGINALITY & PUBLICATION State of California County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Resolution ~ - O ~'O to be the original resolution adopted by the City Council of the /7- ?.Z. 5 City of Santa Ana on Date: Clerk of the CoUncil (~ City of Santa Ana ~ 6:t 5 Abandonment No. 90-A5 Legal Description Those certain portions of public street, 60.00 feet wide, in the City of Santa Ana, County of Orange, State of California, shown as Pine Street, Garnsey Street, and Patton Street on a map of Tract No. 101, Sun-Kist Addition, recorded in Book 11, page 1 of Miscellaneous Maps of said County, said portions bounded as follows: Pine Street Bounded Easterly by the East line of said Patton Street, and bounded Westerly by the following described line: Beginning at a point in the South line of said Pine Street, said point lying 153.14 feet East of the centerline of Flower Street as shown on said map; thence North 00°00'01'' East 10.00 feet to the beginning of a nontangent curve, concave Westerly, having a radius of 35.00 feet, a radial line through said point bears North 31°O0'09" West; thence Northerly along said curve through a central angle of 93'50'50" an arc distance of 57.33 feet to a point in the North line of said Pine Street. Garnse¥ Street Bounded Northerly by the Easterly prolongation of the South line of said Pine Street, and bounded Southerly by the following described line: Beginning at a point in the West line of said Garnsey Street, said point lying 105.51 feet South of the centerline of said Pine Street, said point being the beginning of a nontangent curve, concave Southerly, having a radius of 35.00 feet, a radial line through said point bears North 58"35'20'' West; thence Easterly along said curve through a central angle of 117°59'40'' an arc distance of 72.08 feet to a point in the East line of said Garnsey Street~ Parton Street Bounded Southerly by the Easterly prolongation of the North line of Myrtle Street, as shown on said map, and bounded Northerly by the Easterly prolongation of the South line of said Pine Street. HL;jue ,j, SCHIDOL / I /, PROPOSED STREET ABANDONMENT ABANDONMENT NO. 90-A5 S/~.NTA UNIFIED SCHOOL DISTRICT 520 WEST WALNUT STREET